The Care Bill Single Failure Regime

The Care Bill explained

This document explains the provisions in the Care Bill relating to adult care and support, care standards, health education and research. The Bill will give effect to the policies requiring primary legislation that were set out in the White Paper Caring for our future: reforming care and support (Cm 8378, July 2012, ISBN 9780101837828); will implement the changes put forward by the Commission on the Funding of Care and Support, chaired by Andrew Dilnot, (2011, ISBN 9780108510847); and will meet the recommendations of the Law Commission in its report on Adult Social Care (Law Com 326, HC 941, May 2011, ISBN 9780102971682) to consolidate and modernise existing care and support law. The Bill also gives effect to elements of the Government's initial response to the Mid Staffordshire NHS Foundation Trust Public Inquiry - Patients First and Foremost: the initial Government response to the Report of The Mid Staffordshire NH S Foundation Trust Public Inquiry (Cm 8576, ISBN 9780101857628) - that require primary legislation. Parts 1 and 3 of the Bill are built on the provisions set out in the draft Care and Support Bill (Cm.8386, ISBN 9780101838627) published in July 2012. The Government response to the public consultation on that draft Bill and to the report from the Joint Committee (HLP 143/HCP 822, session 2012-13, ISBN 9780108550515) that scrutinised it are included in this publication. The new measures in part 2 of the Care Bill that take forward the Government's response to the Francis Report on Mid-Staffordshire NHS Foundation Trust are also described.

Department of Health: Hard Truths: The Journey to Putting Patients First - Cm. 8751

The Government's initial response, Patients First and Foremost (Cm. 8576, ISBN 9780101857628), set out a radical plan to prioritise care, improve transparency and ensure that where poor care is detected, there is clear action and clear accountability. This document now provides a detailed response to the 290 recommendations the Inquiry made across every level of the system. It also responds to six independent reviews commissioned to consider some of the key issues identified by the Inquiry. This document sets out how the whole health and care system will prioritise and build on this, including major new action in vital areas including: transparent monthly reporting of ward-by-ward staffing levels and other safety measures; a statutory and professional duties of candour; legislate at the earliest available opportunity on Wilful Neglect; a new fit and proper person's test which will act as a barring scheme; all arm's length bodies and the Department of Health have signed a protocol in order to minimise bureaucratic burdens on Trusts; a new Care Certificate to ensure that Healthcare Assistants and Social Care Support Workers have the right fundamental training and skills in order to give personal care to patients and service users; and the Care Bill will introduce a new criminal offence applicable to care providers that supply or publish certain types of information that is false or misleading, where that information is required to comply with a statutory or other legal obligation. It looks at preventing problems; detecting problems quickly; taking action promptly; ensuring robust accountability and ensuring staff are trained and motivated

The Care Bill – Single Failure Regime